A. Basic facts (1) The Plaintiff lent to the Defendant B a total of KRW 80 million over 15 times from July 5, 2005 to July 30, 2008. Defendant B repaid KRW 20 million to the Plaintiff on November 8, 2008.

(2) On November 8, 2008, Defendant C, the mother of Defendant B, prepared a loan certificate stating that “The Plaintiff shall purchase and sell the land of 60 million won in Gangnam-si and repay part of it, and some of it shall be punished in the event of nonperformance of the promise with 4 years in full,” with the Plaintiff.

(3) The Defendants did not pay to the Plaintiff the remainder of KRW 60 million and its interest or delay damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of determination, the defendants jointly and severally liable to pay to the plaintiff the remainder of 60,000,000 won and each of them, which is clearly recorded as the day following the delivery date of the copy of the complaint of this case, the defendant Eul is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from August 7, 2015 to April 19, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and from November 9, 2012 to the day of service of the copy of the complaint of this case from July 9, 2015, each of which is clearly recorded as the day following the due date of the loan of this case, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

[Plaintiffs asserted that the due date for repayment against Defendant B was set on November 8, 2012 and sought payment of damages for delay from November 9, 2012 on the following day. However, the above borrowed money is an obligation without a fixed deadline and the obligor is liable for delay from the time of receipt of the request for performance (Civil Code).